A woman who lost her son last year in a hit-and-run accident is facing charges today for jaywalking. Raquel Nelson and her two young children were crossing the street last April, when a car hit the three of them and her son died on the scene.

The driver, Jerry Guy did not stop and later was found by police, where he admitted to being under the influence of alcohol and pain killers. He was also blind in one eye. Guy had two previous hit-and-runs and other serious convictions. He was sentenced to five years for this incident, but only served six months.

The prosecution decided to bring charges against Nelson too, reckless conduct, improperly crossing the street, and second degree homicide by vehicle. All three misdemeanors have a twelve month sentence attached to them.

Radley Balko of the Huffington Post says, “Prosecutors have great deal of discretion over when to bring charges, and over what charged they bring. If those in the office of the Solicitor General Barry Morgan are charging Nelson to punish her for jaywalking, they’re misguided. It is hard to conceive of a more potent punishment than the loss of a child, if their aim was to make and example of a devastated mother to prevent others from jaywalking their delusional.”

Nelson is an African-American woman and was convicted by an all White jury. Although jaywalking is illegal, why would the prosecution choose to focus on this when so many other illegal activities are passed on? It seems as if because a single black woman is involved she has to be made an example.